<strong>The</strong> <strong>Monthly</strong> <strong>National</strong> <strong>Legislation</strong> <strong>Report</strong>http://mnlreport.typepad.com/<strong>Page</strong> 26 <strong>of</strong> <strong>330</strong>7/5/<strong>2010</strong>Gary White(A) I see a problem with the enforcement <strong>of</strong> it. Where do you start? If it’s going to have a grandfather clause, how is anybody going to know or admit how many dogs they had prior to theenactment <strong>of</strong> this ordinance? I see it practically unenforceable. (B) I don’t understand the attempt to duplicate legislation that has already been enacted. <strong>The</strong> current law is you can registerland with the Wildlife Resources Commission. If the land is registered, you must have permission to be on it or face citation from the Wildlife Resources Commission for trespassing.OHIOHB79 - A ''pit bull" would no longer be deemed an inherently vicious dog by virtue <strong>of</strong> its existence under a bill overwhelmingly passed by the Ohio House Thursday (05-27/10). <strong>The</strong>amendment passed 86-10, and the final bill went on to pass 93-3. <strong>The</strong> measure now heads for the Senate, which is unlikely to deal with the issue before lawmakers recess for the summer nextweek.(5/11/10) – (Thanks to Ohio Valley Dog Owners, Inc. for the update!) <strong>The</strong> Senate State & Local Gov't & Veteran's Affairs Committee accepted a substitute SB 95, the kennel licensing bill,at its hearing today. <strong>The</strong> only change from the last substitute is the elimination <strong>of</strong> the ban on public sales such as auctions. All <strong>of</strong> the other bad stuff is still there. We really need breeders andowners <strong>of</strong> intact dogs to testify at the next hearing to point out the two sections that most affect occasional breeders, owners <strong>of</strong> an intact dog, and rescues. If the bill passes as written,anyone with an intact dog could be required to buy a kennel license or to prove that the dog is not intended for breeding. <strong>The</strong> owner <strong>of</strong> 1-4 dogs kept intact for showing or to avoid thepotential problems that can be caused by disruption <strong>of</strong> reproductive hormones will pay the price for a kennel license, not the individual license fee for each dog. Kennel licenses areset by each county and range from $45-100. Along with increased cost, those who would be forced to buy a kennel license face potential denial because <strong>of</strong> zoning restrictions. <strong>The</strong> bill alsoregulates rescues with language allows the kennel control authority to set adoption fees and to impound dogs if the rescue is not meeting the requirements in the bill and the dog's health orsafety may be compromised. Appeals to such impoundments will only be heard in a court in Columbus. Since many dogs coming into rescue are in poor or less-than-adequate condition, thisprovision could result in baseless charges against a rescue and drive people out <strong>of</strong> rescue from the fear they will be accused <strong>of</strong> keeping dogs in unsuitable conditions.We don't have a hearing date yet, but I hope that we can bring a huge contingent <strong>of</strong> show breeders and rescues to the session when it is held.(5/30/10) - Ohio Senate could strike down pit bull vicious label. A pit bull could no longer be deemed a vicious dog if a bill passed by the Ohio House last week is supported by theSenate. <strong>The</strong> amendment was contained in a bill that added increasing penalties for animal cruelty.Barnhill – (5/8/10) – Pit bull ordinance draws reaction. Many were in attendance for Saturday’s Barnhill Village Council meeting to address the recent passage <strong>of</strong> a new ordinance thatlimits the number <strong>of</strong> pit bulls to one per residence. <strong>The</strong> group agreed to have three people represent them on the issue while following a limited time frame for speaking. Robin McClelland,executive director <strong>of</strong> the Appalachian Ohio Society for the Prevention <strong>of</strong> Cruelty to Animals, said she believes council members did not think through the matter prior to passing theordinance April 10 by emergency measure. She said the ordinance was deemed unconstitutional earlier this year, was vague and conflicts with state laws. “You enacted an emergencyordinance when no true emergency existed,” said McClelland, who said there would be enforcement issues. After their presentation, however, council stood firm on the ordinance explainingthat they weren’t doing what they wanted to do necessarily but what the majority <strong>of</strong> the residents wanted, which is why they were elected in the first place. It was noted by McClelland that HB79 is pending and if passed would ban any and all pit bull legislation.Springfield – (5/13/10) – Controversy brewing over vicious dogs. <strong>The</strong>re are new developments in a continuing controversy over dangerous dogs in Clark County. Clark County taking ‘zerotolerance’ stance on dangerous dogs. Owners <strong>of</strong> dangerous dogs in Clark County will face new, tougher penalties if they do not keep their dogs confined, controlled and insured, HumaneSociety Director Jimmy Straley said, Wednesday, May 12. Straley met with court <strong>of</strong>ficials on Tuesday, May 11, asking for support to issue maximum citations to individuals who do not controldogs that fall under Ohio’s dangerous dog classification. With the tougher citations, owners <strong>of</strong> dangerous dogs can face a maximum $1,500 fine and six months in jail for each violation.Nondangerous dog violations carry a much lower possible maximum fine <strong>of</strong> $150. Dogs that are part <strong>of</strong> the pit bull family or any canine that attempts to bite or endanger a person areconsidered dangerous, according to the Ohio Revised Code.Toledo – (5/13/10) – Door to door dog checks to resume in Lucas Co. With summer right around the corner, local leaders are stepping it up to keep city streets safe from dangerous dogs.<strong>The</strong> Lucas County Dog Warden and Toledo Police Chief are planning to enforce the existing dog control laws. <strong>The</strong>y want to remind the public <strong>of</strong> proper confinement rules as well as viciousdog rules. Dog Warden Julie Lyle also plans to resume door-to-door license checks. She says this will allow her to educate dog owners on the proper care for their pets. "My goal as theLucas County Dog Warden is not to go out and seize every dog that we can," said Lyle. "But if you are not complying with the law and you are not attempting to comply with the law, then weneed to take your dog. That is not my primary goal but if that's what we need to do to keep the public safe, then that's what we will be doing." If you your dog is found without a license duringdoor-to-door checks, you will be cited.Toledo – (5/13/10) – Toledo dog law may target behavior. To discriminate or not to discriminate? Such a question yesterday came before the citizens' group drafting a new vicious dog lawfor Toledo. In the end, the Lucas County Dog Warden Advisory Committee reaffirmed its earlier intention <strong>of</strong> not singling out the "pit bull" as a vicious breed in the draft ordinance, whichremains a work in progress. In doing so, the panel kept to its goal <strong>of</strong> defining a vicious dog according to its behavior, a move that makes the draft law a departure from the city ordinance andOhio law, which state that "pit bulls" are inherently vicious regardless <strong>of</strong> behavior. "<strong>The</strong> framework <strong>of</strong> the [draft] ordinance is behavior-based, not based on a specific breed," committeechairman Steve Serchuk said. <strong>The</strong> committee also approved provisions that would prohibit an unattended dog from being tethered for more than 15 minutes and limit the ownership orharboring <strong>of</strong> vicious dogs to one per household. Other provisions approved yesterday would mandate spaying or neutering for licensed dogs running loose that are picked up a second time,for unlicensed dogs after a first <strong>of</strong>fense, and for any vicious dog. An exception could be made for a dog deemed unfit for surgery by a veterinarian. A vicious dog, for the purposes <strong>of</strong> the draftlegislation, is one defined as such by state law or that has hurt or killed another dog. Because state law defines "pit bulls" as automatically vicious, the draft ordinance would require all <strong>of</strong>them in the city to be spayed or neutered. <strong>The</strong> issue <strong>of</strong> breed specificity generated the most discussion at the meeting, which lasted more than 90 minutes. <strong>The</strong> committee also agreed toinclude a provision for declaring dog owners "reckless" and penalizing them. This part <strong>of</strong> the draft ordinance will be based on a reckless dog owner law in Omaha.NormaToledo – (5/27/10) - Fines for dog bites proposed in Toledo dog law. A proposal will put more bite into part <strong>of</strong> Toledo's dog law. Under the plan, if your dog bites you'll be facing fines. Itdepends on the incident, but the fines would be up to $1,000. Right now, owners whose dogs bite can face other penalties, but no fines for the actual bite. But it looks like that is about tochange. <strong>The</strong> dog warden advisory committee is in the process <strong>of</strong> re-writing Toledo's vicious dog law and committee members say money is <strong>of</strong>ten the best way to get people's attention.Under the plan, the fines will have a wide range and be based on the incident. "<strong>The</strong>y start at $150 and go up to $1,000. And a variety <strong>of</strong> bites will have to be taken into consideration with thelaw. Lucas County dog warden, Julie Lyle, says, "<strong>The</strong>re are bites that are severe, bites that are not so severe, there are bites that are an accident, bites that are provoked. <strong>The</strong>re are all kinds<strong>of</strong> bites and who decides that is a real gray area, and that will need to be ironed out before we do anything on that." <strong>The</strong> dog warden advisory committee was asked to re-write the lawbecause <strong>of</strong> the on-going debate about breed specific legislation. Many argue you should punish dogs based on behavior not breed. Earlier this year, a Toledo judge struck down the city'scontroversial vicious dog law that labels pit bull type dogs as inherently vicious. <strong>The</strong> city is appealing that ruling. Committee members hope to finalize a dog law draft early next month. Fromthere it will be sent to the city's law department for review and any fine-tuning. <strong>The</strong>n it's on to council for a vote.OKLAHOMA(5/19/10) - Oklahoma Legislative Recap - <strong>The</strong> American Kennel Club wishes to thank all those who worked so hard during the <strong>2010</strong> legislative session to oppose Senate Bill 1712 and toensure that laws that govern dog breeders in Oklahoma are reasonable, enforceable and fair. Despite the efforts <strong>of</strong> many responsible dog owners and breeders, the measure was passed byHouse and Senate and signed by Governor Henry shortly after the conclusion <strong>of</strong> the session. We are providing the following recap <strong>of</strong> the bill, and information on what you can expect to helpyou plan for changes in the Oklahoma law. As always, the AKC urges all dog owners to know, understand and comply with the laws <strong>of</strong> their jurisdictions.Bill Summary:Known as the "Commercial Pet Breeders Act", SB 1712 expands government regulation <strong>of</strong> anyone who breeds dogs or cats and who owns more than 11 intact females <strong>of</strong> either species.<strong>The</strong> bill’s vague definition <strong>of</strong> commercial breeder includes no time frame, which means it could require anyone who owns or co-owns more than 11 intact females over 6 months <strong>of</strong> age andhas ever bred a dog or cat, even if they are not currently breeding their animals, to be licensed as a commercial breeder. <strong>The</strong> amended bill does not exempt sportsmen, and it will also requiremany <strong>of</strong> those who maintain hunting dogs to license their hobby kennels as commercial enterprises.SB 1712 will require owners or co-owners <strong>of</strong> 11 or more intact female dogs to be licensed as commercial breeders, regardless <strong>of</strong> whether those animals are being bred. It does not impose alimit on the number <strong>of</strong> dogs a person may own or maintain. Licensees will be subject to:Pre-licensure inspection <strong>of</strong> facilities.
<strong>The</strong> <strong>Monthly</strong> <strong>National</strong> <strong>Legislation</strong> <strong>Report</strong>http://mnlreport.typepad.com/<strong>Page</strong> 27 <strong>of</strong> <strong>330</strong>7/5/<strong>2010</strong> Separate licenses for each premise.At least one inspection annually, during normal business hours <strong>of</strong> each facility kept by the licensee.Additional inspections based on written complaints received by the Board.License display requirements at the licensed facility.License number disclosure requirements on advertisements, sales contracts, and transfer agreements.Annual reporting requirements.Record-keeping requirements for each dog maintained in a licensee’s facility.Licensees who violate the act may have their license revoked, and be subject to a misdemeanor punishable by a fine <strong>of</strong> up to $500 and/or a year in jail. Those who interfere with an inspectormay be subject to a fine <strong>of</strong> up to $1,000 and/or two years in jail.Next Steps:<strong>The</strong> measure created an 8-member "Board <strong>of</strong> Commercial Breeders" to develop specific regulations and enforce and administer the provisions <strong>of</strong> the act. This new board is required to beginmeeting in June and to adopt all rules by November 1, <strong>2010</strong>. All licensees are required to come into compliance by January 1, 2011.<strong>The</strong> AKC has not yet received specific information on board members, but we do know the board will consist <strong>of</strong> the following:A representative <strong>of</strong> the dog or cat breeding industry appointed by the Governor.A representative <strong>of</strong> an animal welfare association appointed by the Governor.A representative <strong>of</strong> the Oklahoma Veterinary Medical Association appointed by the Governor.A representative at large appointed by the Governor.<strong>The</strong> Dean <strong>of</strong> the Oklahoma State University Center for Veterinary Health Sciences or designee.<strong>The</strong> Dean <strong>of</strong> the Oklahoma State University Division <strong>of</strong> Agricultural Sciences and Natural Resources Administration or designee.<strong>The</strong> Chair <strong>of</strong> the Oklahoma Tax Commission or designee.<strong>The</strong> purpose <strong>of</strong> the board will be to:Adopt rules establishing license fees, procedures and requirements for license application and renewal, conditions under which licenses are revoked or denied, and qualifications forregistered breeder inspectors.Establish minimum standards for proper veterinary care, treatment, feeding and watering, shelter and confinement, grooming, exercise, socialization, transportation, disposition <strong>of</strong> dogs,and other standards it deems necessary to protect the public health and the health and welfare <strong>of</strong> animals.Establish and maintain a public directory <strong>of</strong> licensed commercial pet breeders.All licensees are required to come into compliance by January 1, 2011.Again, the AKC urges all dog owners and breeder to know, understand, and comply with laws <strong>of</strong> their jurisdictions.For more information, check the AKC GR website, www.akc.org/canine_legislation, for updates or contact AKC’s Government Relations Department at (919) 816-3720, or doglaw@akc.org.PENNSYLVANIAGreencastle – (5/1/10) - Activists take up cause <strong>of</strong> tethered dogs. Across the Tri-State area, residents have taken the cause <strong>of</strong> tethered dogs to the local level in the interest <strong>of</strong> publicsafety and animal welfare. Bills regulating dog tethering repeatedly have died in the Maryland and Pennsylvania general assemblies and the West Virginia Legislature, said <strong>The</strong>resa Rutter,founder <strong>of</strong> Justice for Dogs, a Frederick, Md.-based lobby. Yet grass-roots efforts at the county and municipal levels are making headway, she said. Most recently, residents in Greencastleand Berkeley County, W.Va., have put the question to their representatives and asked for action. Berkeley County will vote May 13 on an anti-tethering ordinance. Greencastle has yet toconsider the change, while Justice for Dogs has approached the Franklin County Commissioners for action.Greencastle Borough – (5/4/10) - Dog treatment regulations debated at Greencastle Borough Council Monday night. A new dog ordinance was tied up by Greencastle BoroughCouncil Monday night. After a lengthy, somewhat heated discussion with borough residents, council decided to send the issue <strong>of</strong> a dog ordinance to the public safety committee. With legalitya concern, Solicitor Sam Wiser <strong>of</strong> Salzmann Hughes in Chambersburg looked into the issue <strong>of</strong> boroughs enacting animal protection ordinances. “A borough can really only pass an ordinanceregarding loose dogs,” Wiser said. <strong>The</strong> Pennsylvania Legislature does not give boroughs the power to determine proper care <strong>of</strong> an animal, Wiser explained. However, a borough could step inif the animal’s care becomes a nuisance, like unsanitary conditions, Wiser added. After 30 minutes <strong>of</strong> discussion, Eckstine said the issue <strong>of</strong> a dog ordinance would be passed to the publicsafety committee for review and would be discussed at the next council meeting, June 7. Following the meeting, Greencastle Police Chief John Phillippy said police <strong>of</strong>ficers could issuecitations for something that is black and white — for example if a dog is on a leash or not. However, when it comes to matters <strong>of</strong> treatment, specialized training is needed.Providence Township – (5/11/10) – Group proposes new kennel law in Providence Township. Nearly a year after a group <strong>of</strong> residents formed to oppose "puppy mills" in ProvidenceTownship, they handed township supervisors a proposed solution to the problem. Since a controversial kennel was approved last June, Providence Against Cruel Kennels, known as PACK,has been working to draft an ordinance that would regulate kennels in the township. On May 3, Barry Longenecker, PACK coordinator, discussed an ordinance the group drafted that wouldmove kennels from the agricultural area to the commercial or industrial area while putting a cap on their size. "This ordinance is not about limiting the improvement <strong>of</strong> bloodlines that ahobbyist would do, but this is about "farming dogs," Longenecker told supervisors in presenting his group's proposal during the board's monthly meeting. "Dogs are not livestock and dogfarming is not something this community agrees with," he said. Longenecker told the supervisors the ordinance had been drafted with the help <strong>of</strong> an attorney and reflects the wishes <strong>of</strong>residents. In addition to moving kennels out <strong>of</strong> the agricultural area, the ordinance would specify that a kennel can't have more than 30 dogs, Longenecker said. About 30 people attended themeeting, most <strong>of</strong> them because <strong>of</strong> the kennel issue. Shaffer said the draft ordinance would be presented to a committee that is now being formed to make recommendations about upgradingthe township's zoning ordinance.Washington County & Greene County – (5/28/10) - State animal enforcement to check local pet licenses. Washington County Treasurer Francis King said the state Department <strong>of</strong>Agriculture's Bureau <strong>of</strong> Dog Law Enforcement will be visiting the area this summer to ensure pets are licensed and vaccinated. State law requires that all dogs 3 months old and older belicensed by Jan. 1 <strong>of</strong> each year. <strong>The</strong> fee is $6 for each spayed and neutered dog and $8 for other dogs. Senior citizens and those with disabilities pay $2 less. Rabies vaccines are requiredfor all dogs and any cat that enters a dwelling. <strong>The</strong> maximum fine per violation <strong>of</strong> the licensing requirement or rabies law is $300. A district judge also can add court costs. Justin Fleming,spokesman for the state Department <strong>of</strong> Agriculture, said dog wardens may go door-to-door asking dog owners to show their pets' licenses. Canvassing checks dogs for current licenses andcanines and felines for current vaccines against rabies, which is deadly to humans if untreated. <strong>The</strong> jurisdiction <strong>of</strong> an animal control <strong>of</strong>ficer is different from that <strong>of</strong> a dog warden, who does notfile animal cruelty charges but only enforces licensing regulations. Dog wardens need the owner's permission to enter private property, except for unannounced inspections <strong>of</strong> commercialkennels. Licensed kennel owners who refuse to allow a dog warden on their property can be cited.
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